New consent to act requirement in the Companies Act
As of 10 October, for newly appointed directors and secretaries, a statement has been added by Companies House to the relevant appointment and incorporation forms (paper and electronic) that the person has consented to act as a director/secretary. The statement that consent has been given by the relevant director or secretary is made by (i) the initial subscribers to the memorandum of a newly incorporated company and (ii) the company itself where a new director or secretary is appointed to an existing company.
This replaces the requirement for companies to provide the Registrar with a consent by a company director or secretary to act in that capacity.
As it is now the responsibility of the company/initial subscribers to state that consent to act by directors and secretaries has been given, companies will need to ensure they have obtained such consent prior to the statement in the forms being made. The consent should ideally be written (in a letter or email) and should be kept with the company books. EMW will obtain consents as a matter of course for transactions and incorporations of clients that it is advising.
For more information, contact Cathy Goodman.